Rule2023-05282
Air Plan Approval; Indiana; Revisions to Particulate Matter Rules; Vertellus
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 22, 2023
Effective
April 21, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Indiana particulate matter State Implementation Plan (SIP) that Indiana submitted to EPA on September 16, 2021, for the Vertellus Agriculture and Nutrition Specialties, LLC (Vertellus) facility located in Indianapolis, Marion County. Indiana requested revisions to incorporate site-specific updates to the particulate matter emission limits for Vertellus. The updates reflect revised emission rates for particulate matter resulting from process changes related to control strategies for other pollutants. The SIP submission request also removes requirements that applied to units no longer in operation and updates language to reflect a switch from petroleum oil to natural gas for certain units. These changes represent a decrease in overall particulate matter emissions.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17161-17163]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05282]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0640; FRL-10117-02-R5]
Air Plan Approval; Indiana; Revisions to Particulate Matter
Rules; Vertellus
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Indiana particulate matter State Implementation Plan
(SIP) that Indiana submitted to EPA on September 16, 2021, for the
Vertellus Agriculture and Nutrition Specialties, LLC (Vertellus)
facility located in Indianapolis, Marion County. Indiana requested
revisions to incorporate site-specific updates to the particulate
matter emission limits for Vertellus. The updates reflect revised
emission rates for particulate matter resulting from process changes
related to control strategies for other pollutants. The SIP submission
request also removes requirements that applied to units no longer in
operation and updates language to reflect a switch from petroleum oil
to natural gas for certain units. These changes represent a decrease in
overall particulate matter emissions.
DATES: This final rule is effective on April 21, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2021-0640. All documents in the docket are listed on the
<a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Alisa Liu,
Environmental Engineer, at (312) 353-3196 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Alisa Liu, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-3193, <a href="/cdn-cgi/l/email-protection#761a1f0358171a1f05173613061758111900"><span class="__cf_email__" data-cfemail="5f33362a713e33362c3e1f3a2f3e71383029">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule takes final action on the September 16, 2021, request
from the Indiana Department of Environmental Management (IDEM) to
incorporate revisions to Indiana's particulate matter rules contained
in Indiana Administrative Code (IAC), Title 326, Article 6.5, Rule 6.
Marion County, ``Vertellus Agriculture & Nutrition Specialties LLC''
(326 IAC 6.5-6-31), which became effective on September 19, 2021.
(Indiana Rule LSA #19-82). As requested by Vertellus, IDEM's revisions
changed the particulate matter emission limits on several units where
Vertellus made process and fuel changes to comply with the revised
SO<INF>2</INF> emission limits. Additionally, the revisions removed
limits and references to units at the facility that are no longer
operating or were demolished. The revisions at 326 IAC 6.5-6-31 also
updated existing language and added new language related to the types
of fuel burned in certain units. An explanation of the Clean Air Act
(CAA) requirements, a detailed analysis of the revisions, and EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking (NPRM), dated September 30, 2022 (87 FR 59370), and will not
be restated here.
II. What comments did we receive on the proposed rule?
In the NPRM, EPA provided a 30-day review and comment period for
the proposed rule. The comment period ended on October 31, 2022. We
received comments from two individuals during the comment period. These
comments are in the rulemaking docket.
[[Page 17162]]
Comments from one individual were supportive of EPA's action but
requested clarification. Those comments are summarized and addressed
below.
Comment: The commenter requested clarification regarding the
reductions in allowable particulate matter emissions cited in the NPRM,
including the years referenced and whether the reductions were
voluntary or required.
Response: As explained in the NPRM, the particulate matter limits
currently in the SIP were established as part of the attainment
demonstration for the Indianapolis, Indiana 2010 sulfur dioxide
(SO<INF>2</INF>) nonattainment area. IDEM's revisions changed the
particulate matter emission limits on several units where Vertellus
made process and fuel changes to comply with revised SO<INF>2</INF>
limits relied upon in the attainment demonstration. IDEM's January 4,
2022, technical support document (TSD) quantified reductions in
particulate matter emissions based on a comparison between the emission
rates in tons per year (tpy) allowed under 326 IAC 6.5-6-31 before and
after Indiana adopted the revisions, which became effective on
September 19, 2021. Under revised 326 IAC 6.5-6-31, the allowable
particulate matter emission rates for four units increased by a total
of 0.7 tpy, while the allowable particulate matter emission rates for
11 units decreased by a total of 14.8 tpy. Overall, the revisions
result in a decrease of allowable particulate matter emissions by 14.1
tpy.
Comment: The commenter requested EPA identify the other five
sources of SO<INF>2</INF> in Marion County besides Vertellus that were
included in the attainment demonstration and technical support document
of IDEM's attainment plan for the 2010 SO<INF>2</INF> NAAQS, which was
submitted on October 2, 2015.\1\ The commenter asked how the total
emissions and emission limits of the other five sources compare to
those of Vertellus.
---------------------------------------------------------------------------
\1\ August 2015, ``1-Hour Sulfur Dioxide Attainment
Demonstration and Technical Support Document for Central, West
Central, and Southwest Indiana Nonattainment Areas''. Prepared by
Indiana Department of Environmental Management, Office of Air
Quality. EPA-R05-OAR-2015-0700-0003.
---------------------------------------------------------------------------
Response: The six sources of SO<INF>2</INF> included in the 2015
Marion County 2010 SO<INF>2</INF> attainment demonstration and
technical support document were Belmont Advanced Wastewater Treatment
Plant (formerly Indianapolis Sludge Incinerator), Citizens Thermal
(formerly Indianapolis Power & Light Company (IPL) Perry K Steam
Plant), IPL--Harding Street Generating Station, Quemetco, Rolls Royce
Corporation (formerly Allison Gas Turbine Plant 5 and Plant 8), and
Vertellus (formerly Reilly Industries and Reilly Tar and Chemical).
The particulate matter and SO<INF>2</INF> limitations for the six
sources under 326 IAC 6.5-6 and 326 IAC 7-4.2.1, respectively, are
included in the SIP at 40 CFR 52.770(c). For Vertellus, the revised
particulate matter total allowable annual emissions and rates for
specified processes detailed in IDEM's January 4, 2022, TSD are 23.9
tpy and 0.011 to 0.150 lbs/million BTU (MMBtu). In comparison, the
particulate matter total allowable annual emissions and rates for the
other five sources are 144.1 tpy and 0.030 grains/dry standard cubic
foot (dscf) for Belmont Advanced Wastewater Treatment Plant, 484.4 tpy
and 0.015 to 0.175 lb/MMBtu for Citizens Thermal Perry K Steam Plant,
1,000.0 tpy and 0.015 to 0.135 lb/MMBtu for IPL--Harding Street
Generating Station, 5.8 tpy and 0.016 grains/dscf for Quemetco, and 130
tpy and 0.15 lbs/MMBtu for Rolls Royce Corporation.
Comments from a second individual raised issues not addressed in
EPA's proposed rulemaking, and that are neither germane nor relevant to
this action. Moreover, none of the comments address a specific
regulation or provision in question or recommend a different action on
the SIP submission from what EPA proposed. Therefore, we are finalizing
our action as proposed.
III. What action is EPA taking?
EPA is approving Indiana's September 16, 2021, request to revise
its particulate matter SIP because the revised rule at 326 IAC 6.5-6-31
applicable to Vertellus strengthens the SIP by reducing allowable
particulate matter emissions.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the CAA the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal
[[Page 17163]]
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
IDEM did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 22, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: March 9, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (c) is amended by revising
the entry ``6.5-6-31'' under ``Article 6.5. Particulate Matter
Limitations Except for Lake County'', ``Rule 6. Marion County'', to
read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 6.5. Particulate Matter Limitations Except for Lake County
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 6. Marion County
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.5-6-31..................... Vertellus Agriculture & 9/19/2021 3/22/2023, [INSERT
Nutrition Specialties FEDERAL REGISTER
LLC. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-05282 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.